论债权的刑法保护——欠债不还可以构成犯罪

我国现行法律对欠债不还还没有有效的制裁措施，致使欠债不还的现象越来越严重。为了保护财产的所有权，维护社会秩序，对欠债不还应规定为犯罪。     

古代中原地区与少数民族地区的赎刑制度探析

赎刑是中国古代独特的法律制度,中原地区的赎刑制度在秦及汉初具有替代刑和独立刑种的双重属性,唐代以后赎刑发展成为刑罚适用的一般原则。罚金刑在中国古代法律中多处于与赎刑合而为一的并存状态。以藏区“赔命价”制度为代表的少数民族地区的赎刑制度,在古代以成文法的形式出现,在现代则表现出明显的和解性质。赎刑制度中的价值理念和合理规则,对于我国刑罚替代措施和死刑的司法控制等方面仍有借鉴意义。     

REDEMPTION IN THE PRESENCE OF WIDESPREAD CRIMINAL BACKGROUND CHECKS*

Criminal background checks have now become ubiquitous because of advances in information technology and growing concerns about employer liability. Also, a large number of individual criminal records have accumulated and have been computerized in state repositories and commercial databases. As a result, many ex‐offenders seeking employment could be haunted by a stale record. Recidivism probability declines with time “clean,” so some point in time is reached when a person with a criminal record, who remained free of further contact with the criminal justice system, is of no greater risk than a counterpart of the same age—an indication of redemption from the mark of crime. Very little information exists on this measure of time until redemption and on how its value varies with the crime type and the offender's age at the time of the earlier event. Using data from a state criminal‐history repository, we estimate the declining hazard of rearrest with time clean. We first estimate a point of redemption as the time when the hazard intersects the age–crime curve, which represents the arrest risk for the general population of the same age. We also estimate another similar redemption point when the declining hazard comes “sufficiently close” to the hazard of those who have never been arrested. We estimate both measures of redemption as a function of the age and the crime type of the earlier arrest. These findings aid in the development of guidelines for the users of background checking and in developing regulations to enhance employment opportunities for ex‐offenders.     

刑事强制措施是对已有证据的惩罚

本文着重从法理的层面探讨刑事强制措施产生的重要依据，认为刑事强制措施是时已有证据所证明的对于关系人不利事实的一种相应惩罚，这种惩罚发生在司法侦查阶段。全面正确认识刑事强制措施的性质、依据和目的之间的关系，承认刑事强制措施的惩罚性质能够为我国的立法实践和法制建设提供坚实的理论依据．     

THE PREDICTIVE VALUE OF CRIMINAL BACKGROUND CHECKS: DO AGE AND CRIMINAL HISTORY AFFECT TIME TO REDEMPTION?*

Criminal record checks are being used increasingly by decision makers to predict future unwanted behaviors. A central question these decision makers face is how much time it takes before offenders can be considered “redeemed” and resemble nonoffenders in terms of the probability of offending. Building on a small literature addressing this topic for youthful, first‐time offenders, the current article asks whether this period differs across the age of last conviction and the total number of prior convictions. Using long‐term longitudinal data on a Dutch conviction cohort, we find that young novice offenders are redeemed after approximately 10 years of remaining crime free. For older offenders, the redemption period is considerably shorter. Offenders with extensive criminal histories, however, either never resemble their nonconvicted counterparts or only do so after a crime‐free period of more than 20 years. Practical and theoretical implications of these findings are discussed.     

The Domestication of Violence: Forging a Collective Memory of the Holocaust in Britain, 1945-6

Stone engages with his subject on two levels, the theoretical and the empirical. On the theoretical side, he argues for the meaningfulness of the term 'collective memory' by showing how the response to the Holocaust in Britain served certain communal needs. 'Collective memory' here is the way in which a group produces narratives of the past which enable it to perpetuate itself, to take account of the past without disturbing its own self-definition. On the empirical level, Stone shows that this response was one which domesticated the horror of what had occurred in order to make its narration bearable. The process was by no means a deliberate whitewashing of the murders; it demonstrates how, in the construction of collective memory, the most painful episodes are unconsciously written out or integrated into more uplifting stories. For example, the murder of the Jews of Europe was frequently tied into a narrative of catastrophe and redemption in which the Zionist cause signalled the Jews' ultimate triumph over adversity. Looking at well-known texts and figures such as James Parkes, as well as lesser-known ones, Stone shows that 'collective memory' is a useful term for understanding the way in which texts and rituals combine to construct (whether consciously or otherwise) a certain understanding of the past. In the case of the British response to the Holocaust in the immediate post-war period, this meant a failure to recognize the full enormity of what had taken place, and the incorporation of the murders into culturally familiar narratives.     

Reactions to collective stress: Correlates of active citizen participation at love canal

Abstract

Events at Love Canal, beginning in the spring of 1978, are described as an environmental crisis leading to acute collective stress. As the crisis unfolded, Love Canal residents’ perceptions of the situation, and the actions they took, were monitored through interviews with a sample of 58 families in fall, 1978. Of these, 39 were reinterviewed in spring, 1979. Among interviewed families, 24 (41%) had at least one “activist” member, someone who became personally involved in a community organization formed to help resolve the crisis. This study compares the social characteristics of “activist families” with “non‐activist families,” their Love Canal‐related problems, sources of help, and general views of the impacts on their personal lives, and on interpersonal relations. Activists relied on government and crisis‐related organizations for help, while non‐activists had more family support. Neither group utilized the mental health services provided by the community's “crisis center.” Activists felt better about themselves, and had a stronger feeling of personal efficacy in affecting government decisions. They perceived that the crisis had brought about positive personal changes, and changes in relations with others. The major implication for intervention is that several different approaches to assisting members of a community in crisis must be undertaken.     

晚清时期政府外债偿还危机因素探析

在晚清外债偿还总体比较顺畅的同时,也存在着危机因素,这些因素又直接促成了晚清后继政府的偿还困难,最明显的体现是:逐渐产生了滥借外债的迹象,部分债款的偿付也有延期,甚至还出现了专为偿债而借债的事例。但总体而言之,晚清时期部分债务偿还存在的危机因子尚处在量的积累之中,相对于偿还主流顺畅而言,这还只是大趋势下的小曲折。     

法治、法律意识及其现代性救赎研究——以百度帖吧为平台对法大10·28案件实证分析为例

公民现代化的法律意识是推进民主法治国构建的内在驱动力,是内化科学良善法条精神的主体/主观要求。寻求一种知识社会学/社科法学的理路,以百度帖吧为平台,通过对轰动/典型个案——法大10.28案件——案外"围观"群体的考量,对我国公民法律意识的现状及病理作出时代性诊断,探寻一条我国公民法律意识现代化转型的有效路途,为有中国特色民主法治国的建立提供主体性支撑。     

浅析房屋按揭贷款的法律问题

房屋按揭贷款是一种新的融资方式,它不同于房屋抵押贷款的融资方式,二者有着本质区别。但是,我国目前对此尚没有相关的法律,而这种融资方式随着房地产市场的开放搞活,也越来越普遍适用,所以,研究房屋按揭贷款的法律特征并尽快制定相应的法律就显得十分必要了。